In re EMW (Adoption Cause E232 of 2024) [2026] KEHC 4061 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 4061 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E232 OF 2024 SN RIECHI, J MARCH 19, 2026 IN THE MATTER OF ADOPTION OF BABY EMW IN THE MATTER OF BLJ ........................................................................................................ 1ST APPLICANT FKM ..................................................................................................... 2ND APPLICANT JUDGMENT 1. The Applicants BLJ and FKM are in a monogamous marriage which was solemnized on 31st December ,2024 under civil marriage as evidenced by a copy of their marriage certificate serial number 60XXXX. 2. The male applicant is a British citizen aged 48 years old having been born on 20th January, 1977 as evidenced by a copy of his passport number 122XXXX attached to the summons. The female applicant is a Kenyan citizen aged 45 Years old having been born on 15th May, 1980 as evidenced by a copy of her Kenya passport number BK8XXXX attached to the application. 3. The evidence on record indicates that the applicants do not have a biological child together .The male applicant now wishes to adopt the child known as EMW through an child a summons dated 16th October, 2024. 4. From evidence on record, the male applicant is an Army Officer currently working at British Army . The female applicant is a farmer/business lady . The applicants reside in Nanyuki within Nanyuki County. They both profess Christian F. 5. From the evidence on record, this court finds the female applicant is the biological mother of the child. The child was born on 22nd May 2011 as evidenced by a copy of his birth certificate serialized 401XXXX https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4061/eng@2026-03-19 1
page 1 of 3
attached to the summons. The child’s birth certificate disclose that the biological father is EWM but his whereabout is unknown. 6. The female applicant informed this court that she has two biological children namely NN and EMW. NN was present in court and consented to this Adoption. 7. The applicants stated the child is a student at [Particulars Withheld] International school. They applicants stated they want to adopt the child so that they can raise him and provide monetary care. 8. Prior to the hearing of the adoption application, KKPI Adoption Society prepared and filed a report dated 26.3.2025 . They also issued a Certificate serial number 09XXXX declaring the child free for adoption as evidenced by the copies of report and certificate declaring a child free for Adoption attached to the application. 9. The guardian ad litem FKM filed a report which was favourable and recommended the adoption of the child by the Applicants. 10. Mr.Thomas Tinega, Assistant Director Children Services Children conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 30th May,2025 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the male Applicant and that the Applicants have fulfilled the statutory requirements. 11. The legal guardian Ms. NW consented to be appointed as legal guardian of the child . 12. The child EMW was present during virtual hearing and testified as follows; “ I am 14 years old. I am a student in [Particulars Withheld] Secondary in Grade 9. I know F she is my biological mother. I know B. He is my Dad” 13. The female applicant consented to the adoption and filed a consent dated 16th October,2024. The consent of biological father was dispensed with since his whereabout is unknown. 14. The applicants stated that they do not have previous criminal record and no pending criminal prosecution as evidenced by a copies of police clearance certificate attached to the application. 15. The applicants stated they are physically and emotionally fit and healthy to parent, love and care for the child as evidenced by copies of their Medical report attached to the application. 16. The applicant stated they are financially stable and therefore able to provide fully for the child’s need as evidenced by copies of their financial documents attached to the application. 17. This is a kinship adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. 18. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act,2022. I find that it is in the best interest of the child to be adopted by the Applicants. I therefore allow the prayers sought in the Summons dated 16th October,2024 and Order as follows: i. The male Applicant BLJ is hereby authorized to adopt Baby EMW. ii. The child will be known as EMW. iii. Ms. NNW is hereby appointed the legal guardian of the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4061/eng@2026-03-19 2
page 2 of 3
iv. The Registrar General is directed to enter this Order in the Adopted Children Registry. v. The guardian ad litem is hereby discharged. DATED AT NAIROBI THIS 19TH DAY OF MARCH 2026. S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4061/eng@2026-03-19 3
page 3 of 3